THREE:But a brave and liberal member of the peerage, Earl Stanhope, did not flinch from endeavouring to get repealed a number of these disgraceful evidences of Church bigotry, which still cumbered the Statute book from long past periods. In May, 1789, a few days after Mr. Beaufoy's second defeat on the question of the Test and Corporation Acts, Lord Stanhope proposed "a Bill for relieving members of the Church of England from sundry penalties and disabilities to which, by the laws now in force, they may be liable, and for extending freedom in matters of religion to all personsPapists only exceptedand for other purposes therein mentioned." His Lordship had given notice of his intention to introduce such a Bill in the previous February, as Mr. William Smith had done in the Commons, when what was called the Uniformity Clause in the Regency Bill was discussed, contending that this clause, which prohibited the Regent from giving the Royal Assent to the repeal of the Act for Uniformity passed in the reign of Charles II., might prevent the repeal of a preceding Act, of a very bigoted character, of a previous date. The Bishops, with the Archbishop of Canterbury at their head, opposed his intention,[161] contending that this was not a proper time for such a discussion. Lord Stanhope now detailed the names, dates, and characters of the Acts which he had in view. They were these:The Act of 1 Elizabeth, ordering every person to go to church, and imposing a fine of twenty poundsa very large sum thenon any one above the age of sixteen absenting himself or herself from church for a month; and in case of non-payment, ordering the imprisonment of the offender till the fine were paid, or the offender conformed. In case of twelve months' absence, the offender was to be bound in a bond of two hundred pounds, with two sureties, for his compliance in future. By the 23 Elizabeth these penalties were made still more rigorous, and by the 35th of her reign, all persons who absented themselves for a month were liable not only to the twenty pounds a month, but that money might be refused, if tendered, and the offender be deprived of two-thirds of his lands, tenements, and hereditaments, instead of the twenty pounds. By the 3 James I. these abominable powers were extended, and every person was made amenable for every visitor, servant, and servant of visitors to his or her house, and should be compelled to pay 10 per month for the non-attendance at church of each of them; and over and above all these penalties, the ecclesiastical courts might as fully exercise their jurisdiction over these offenders as if no such special Acts existed.
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THREE:The chiefs of the Tory party were at this time sanguine in their expectation of being speedily called to office. Their hopes were founded mainly upon the dissensions that were known to exist in the Cabinet. These dissensions were first revealed by O'Connell's motion for a committee to inquire into the conduct of Baron Smith, when presiding as a judge in criminal cases, and especially with reference to a charge addressed by him to the grand jury of Dublin, in which he said: "For the last two years I have seldom lost an opportunity for making some monitory observations from the Bench. When the critical and lawless situation of the country did not seem to be generally and fully understood, I sounded the tocsin and pointed out the ambuscade. Subsequent events deplorably proved that I had given no false alarm. The audacity of factious leaders increased from the seeming impunity which was allowed them; the progress of that sedition which they encouraged augmented in the same proportion, till on this state of things came, at length, the Coercion Bill at once to arrest the mischief, and consummate the proof of its existence and extent." As there was no doubt that these shafts were aimed at O'Connell, this last charge afforded him a fair opportunity of putting a stop to the abuse by bringing the conduct of the talented but eccentric judge before Parliament; for, as there was no political case in the calendar, there was no excuse for the attack. Mr. Littleton declared it impossible to refuse his consent to the motion. Mr. Stanley, Lord Althorp, and Lord John Russell expressed a similar view. Sir James Graham briefly but warmly dissented from his colleagues. He had come down to the House with the understanding that they meant to oppose the motion. He for one still retained his opinion, and had seen no reason to change it. As one who valued the independence of the judges and his own character, he must declare that if the motion were carried, and if, as its result, an Address was presented to the Crown for the removal of Baron Smith, it would be a highly inexpedientnay, more, a most unjust proceeding. The present would be the most painful vote he had ever given, since he felt it incumbent upon him to sever himself from those friends with whom during a public life of some duration he had had the honour of acting; but feeling as he did the proposition to be one dangerous in itself, he conceived he would be betraying the trust committed to him if he did not declare against it. Baron Smith was ably defended by Mr. Shaw, by Sir J. Scarlett, and Sir Robert Peel. On a division, the motion for a committee of inquiry was carried by 167 to 74, Sir James Graham and Mr. Spring-Rice voting in the minority. Next morning Sir James tendered his resignation as First Lord of the Admiralty, which was declined, and in the following week the vote was rescinded by a majority of six.
THREE:During the discussion of this question, Sir George Savile brought forward another. This was a Bill for relieving Catholics, by repealing the penalties and disabilities imposed by the 10th and 11th of King William III. The hardships sought to be removed were these:The prohibition of Catholic priests or Jesuits teaching their own doctrines in their own churches, such an act being high treason in natives and felony in foreigners; the forfeitures by Popish heirs of their property who received their education abroad, in such cases the estates going to the nearest Protestant heir; the power given to a Protestant to take the estate of his father, or next kinsman, who was a Catholic, during his lifetime; and the debarring all Catholics from acquiring legal property by any other means than descent. Dunning declared the restrictions a disgrace to humanity, and perfectly useless, as they were never enforced; but Sir George Savile said that was not really the fact, for that he himself knew Catholics who lived in daily terror of informers and of the infliction of the law. Thurlow, still Attorney-General, but about to ascend the woolsack, promptly supported the Bill; and Henry Dundas, the Lord Advocate of Scotland, lamented that it would afford no relief to his own country. These Acts did not affect Scotland, as they had been passed before the union; but Scotland had a similar Act passed by its own Parliament, and he promised to move for the repeal of this Scottish Act in the next Session. In the Commons there was an almost total unanimity on the subject; and in the Lords, the Bishop of Peterborough was nearly the only person who strongly opposed it. He asked that if, as it was argued, these Acts were a dead letter, why disturb the dead?On the 9th of June, when the House of Commons went into committee on the Bill, a large number of merchants desired to be heard against it. For several days their statements were heard, and the Portuguese Ambassador also presented a memorial declaring that should the duties on French wines be lowered to those of Portugal, his master would renew the woollen and other duties on the products of Great Britain. This seemed to enforce the mercantile opinions; the sense of the whole country was against the treaty, and the speech of Sir Thomas Hanmer, a Tory, made a deep impression. There was, however, a growing rumour, during the latter days of the debate, that Oxford had given the treaty upa rumour probably not without foundation, for Oxford and Bolingbroke were no longer in unity. The latter, ambitious and unprincipled, was intriguing to oust his more slow and dilatory colleague; and, as the Bill was ostensibly the work of Bolingbroke, probably Oxford was by no means unwilling that it should be thrown out to damage him. When the question, therefore, was put on the 18th of June,[11] that the Bill be engrossed, it was negatived by a majority of one hundred and ninety-four to one hundred and eighty-five. Thus the commercial treaty was lost, much to the joy of the nation, and certainly to its immediate benefit.
THREE:The Ministry were now involved in a transaction which produced them a plentiful crop of unpopularity. The country was already highly disappointed by the character of the financial measures, and now saw them engaged in an attempt to gratify the domestic resentments of the Prince of Wales. We have already alluded to the[520] disreputable circumstances attending his marriage with the Princess Caroline of Brunswick. After little more than a year's cohabitation they separated, but not before a daughter was born. So long as the Pitt Administration continued, all offensive measures of a public nature were warded from the unfortunate princess. The king had always been her decided protector; but now the Whigs came in, who had ever been in alliance with the Prince of Wales, and that exemplary gentleman conceived hopes that he might rid himself of her. The public had been for some time scandalised by disputes between the prince and princess as to a proper separate allowance for her, and concerning the prince's endeavours to deprive her of the company of her own child; but, as he had not succeeded in taking away the infant, rumours were soon industriously spread that the princess, at Blackheath, was leading a very disreputable life. All that they could gather up or construe to the princess's disadvantage was duly communicated to the Duke of Sussex, and by the duke to his brother, the prince. In 1805 they had supplied their employer or employers with a most startling story of the princess's having been delivered of a son, whom she was openly keeping in her house, under pretence that it was the child of a poor woman of the name of Austin, which she had adopted. Immediate steps were taken privately to get up a case. On the 24th of May Lord Chancellor Erskine read the written statements to the king, who decided that a private inquiry should take place; that the house of Lord Grenville should be selected as the proper scene, and that Lords Erskine, Spencer, Grenville, and Ellenborough should undertake the inquiry and report to him upon it. This meeting and inquiry took place, accordingly, on the 1st of June. Romilly attended. The servants were examined, and appear, according to Romilly's diary, to have uniformly given the most favourable testimony to the conduct of the princess. Further: the reputed mother of the child, Sophia Austin, was examined, and proved that the child was veritably her own; had been born at the Brownlow Street Hospital on the 11th of July, 1802, and had been taken to the princess's house on the 15th of November, adopted by her, and had remained there ever since. "The result," says Romilly, "was a perfect conviction on my mind, and, I believe, on the minds of the four lords, that the child was the child of Sophia Austin." This affair of the Princess of Wales was not terminated till the end of January, 1807. When the report was laid before the king, he referred it to the Cabinet, and they advised him to send a written message to the princess, acquitting her of the main charge, but observing that he saw in the depositions of the witnesses, and even in her own letter to him, defending her conduct, evidence of a deportment unbecoming her station. The odium excited against the Ministry by these un-English proceedings was intense, especially amongst women, all over the country.